Asked in DUI / DWI for Colorado

Q: Can you be charged with a dui for walking intoxicated

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1 Lawyer Answer
Courtney Edwards
Courtney Edwards
  • DUI & DWI Lawyer
  • Edwards, CO
  • Licensed in Colorado

A: DUI stands for Driving Under the Influence. A crucial element of the offense is that you were "driving" a motor vehicle at the time of the offense. Driving can be found even if the vehicle wasn't moving at the the time the police officer makes contact with you. For example, if you are sitting in a running vehicle which is capable of moving, you could be charged and convicted of DUI. However, if you weren't in a car, and weren't driving a car, and you were truly just walking down the street when contacted by the police, you cannot be charged or found guilty of DUI because you weren't driving a motor vehicle. If, however, you had been driving then parked (or crashed) a car, and were walking away from it when the police stopped you, you absolutely could be charged with DUI. Hope this helps!

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